Environmental activists challenge validity of Wetlands rules in SC

NEw DelhiThe sublime margaret court on tues sought-after(a) the response of the Centre on a petition thought-provoking the constitutional validity of the Wetlands (Conservation and Management) Rules 2017 which defines wetlands in a manner that excludes historically developed wetlands from the ambit of protection and preservation.A bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi issued notice on a petition filed by a group of nine environmental activists led by Ravindra Sinha who alleged that Rule 2(g) of the 2017 Wetlands Rules is inconsistent with India’s binding international obligations under the Ramsar Convention, 1971, and violates the basic right to life of citizens under Article 21 of the Constitution of India.“We are limiting notice to the vagueness of the definition,” the bench said as it posted the matter in August.Senior advocate Gopal Sankaranarayanan who argued the petition explained how the exclusion is manifest in the 2017 Rules by comparing it with the earlier definition under the Wetlands Rules of 2010. The latter gave a broad definition of wetlands to include “manmade wetlands” including all forms of tanks along with “human-made water bodies/tanks specifically constructed for drinking water purposes and structures specifically constructed for aquaculture, salt production, recreation and irrigation purposes”.“The definition under the 2017 Rules will have the disastrous impact of 39 out of a total of 94 Ramsar sites located in India to lose their protective status immediately,” Sankaranarayanan said. “Every bird sanctuary will lose its protection. This could never have been intended under this definition,” he added as he pointed out that India has over two lakh wetlands. Such dilution goes against the principle of non-regression, forming an integral component of India’s environmental jurisprudence, the petition claimed.The issue of wetlands conservation and preservation is also pending in a batch of petitions heard by another bench of the top court. Incidentally, this matter was also listed on Tuesday before a bench of justices Aravind Kumar and PB Varale. As the court was informed about the order passed by CJI, the bench led by justice Kumar adjourned the matter to July.In the already pending proceedings, the court has directed all 201,503 wetlands identified in the National Wetland Atlas be protected in accordance with the 2010 Rules. The court has been monitoring the action by states for demarcating boundaries and ground truthing.The petition said, “Wetlands constitute essential ecological infrastructure, and their exclusion exposes populations to flooding, water scarcity, pollution, and loss of climate resilience. The state’s abdication of its duty of protection also violates the public trust doctrine, which obligates the state to safeguard all ecological resources held for present and future generations.”